Code Interpretation Log

General:
Interpretations of Code text are sometimes necessary by staff. This Interpretation Log collects some of the staff interpretations – it is impossible to document every interpretation made by every staff person as they administer the City Code. Some interpretations are dependent upon the underlying facts of the situation that resulted in the written interpretation below, but the key fact may not be included within the description of the interpretation. Interpretations are not formally adopted (except for Formal Interpretations under the Community Development Code) and are subject to revision or rescission for a number of reasons, i.e., change of law, change of method, or a prior interpretation is reexamined and determined to be incorrect. If you have a question about how a code provision is interpreted, please contact the Department and explain your specific situation or general inquiry.

Community Development Code – LOC Chapter 50:
In addition to staff interpretations, the Community Development Code specifically provides for both “Informal Interpretation” and “Formal Interpretation.” See LOC 50.01.005.1. No Formal Interpretations have been requested within the past 10 years. A request for a written Informal Interpretation can be made to Planning staff or to the City Attorney orally or in writing. Some of the Informal Interpretations are posted in the log below. An Informal Interpretation is not subject to notice, appeal or fee and is not binding on future land use decisions on the subject property or in general. However, an Informal Interpretation can be challenged by applying for a Formal Interpretation and then appealing. A Formal Interpretation may also be applied for directly, without first seeking an Informal Interpretation.

Table of Contents:
This log -- containing some staff interpretations and Informal Interpretations -- is updated monthly. If you have any question about how a code provision is interpreted or may be applied to your situation, please contact the Department and explain your specific situation.

A property owner wants to rent rooms out of his house. Transient housing is defined in Chapter 24 as 30 days or less. Therefore, if the rental terms are for less than one month, the use is considered a hotel/motel or Bed & Breakfast (if food is served), which is not allowed in residential zones.

Code says Sidewalk Café Permits are good from 1 year of issuance. The café permit is invalid without a valid business license for the restaurant, so Applicant should be advised that the Sidewalk Café Permit is valid for 1 year or until a business license expires (and is not renewed).

A mural, even if it does not contain text, is considered a sign when it "relates to the use of a site or structure." Therefore, a mural of daisies would be considered a sign when located on a flower shop, but not when located on a bagel shop. A "site" is not limited to the parcel on which the business or activity is located, i.e., a "site" can cross property lines depending on who is funding and erecting the mural. As an example, the owner of the flower shop wanted to paint a mural of flowers on the exposed blank wall of the neighboring business, a bagel shop. As the flower shop is the beneficiary of the mural, it is considered a sign for the flower shop and the "site" crosses property lines to include the wall.

47.03.015

47.03.015, Sign

Signs

Signs Painted on Parking Spaces

11/8/2006

Stencils painted on parking spaces - for the purpose of identifying spaces reserved for certain tenants - are considered "incidental" signs, regulated by Section 47.06.205 (Permanent Signs Exempt From Permit and Fee)

A partition or lot line adjustment that creates a non-compliance (this is different than a non-conforming condition) with the Code cannot be approved unless the non-compliance is concurrently remedied through a variance or a RID.

50.01.004.3.a.iv

Water Courses

Applicability of Zone Standards

10/25/2006

The zone district boundaries end at the private lot, thus zoning regulations do not apply to boathouses or other structures located entirely on Lake Corp parcels (GIS error extends zone color to lake edge on zoning maps). For boathouses that straddle the property line, the upland parcel's zoning regulation applies to the entire boathouse.

The R-6 and R-DD (Old Town) zones and the Lake Grove R-7.5 and Glenmorrie overlays have limits on the amount of hard surface. Non-conforming hard surfaces can be moved around on the site.

50.01.006.3.a

Non-Conforming

Eaves, Non-Conforming Setbacks

8/16/2006

On a dwelling with non-conforming setbacks, new 2' eaves would increase the encroachment and would therefore not be allowed.

50.04.003.8.a, 50.01.006.3.a

50.01.006.4.a

Non-Conforming

Non-Conforming Elements Not Transferable

6/27/2007

Non-conforming features such as setbacks, height, design features,and lot coverage are not transferable to a different part of the site or structure. "Rebuilding" means maintaining the same footprint, either horizontal or vertical.

50.01.006.4.a, 50.01.006.3.a

50.01.006.4.a

Non-Conforming

Remodels and Maintenance

12/19/2011

In regards to voluntary reconstruction or remodeling, the non-conformity is lost when the work removes the portion of the structure that is non-conforming. For example, for requirements relating to the bulk/mass/form of the structure, work may occur within or on the shell of the structure without loss of the non-conformity, but removal of a portion of the structure would result in a loss of the non-conformity. If a regulation affects the inside of the house, i.e., floor area, then the floor area cannot be reduced and reconstructed. See CAO Memorandum 12/19/11. (This applies only to Single Family or Duplex Dwellings, Accessory Structures, and Historic Landmarks. Other non-conforming structures still have the 50% rule.)

50.01.006.4.a

50.01.006.4.a.i

Non-Conforming Structures

Replacement of Air Conditioning Unit

11/22/2016

The replacement of an a/c unit with a unit the same size or less and within the existing footprint is considered normal maintenance and not an intentional act of the owner. Therefore, replacing a legal nonconforming a/c unit (like for like) is permitted in that situation.

50.01.006.4.a.i

50.01.006.4.a.iv

Non-Conforming

Non-Conforming Decks and Elevated Driveways

1/4/2011

Typically, maintenance for these types of structures occurs all at one time, rather than piecemeal. They can be rebuilt as long as they are not enlarged or expanded in any way.

50.01.006.4.a.iv

50.01.006.4.b

Non-Conforming

Non-Conforming Structures, Additions and Rebuilding

7/17/2008

(1) If the construction is occurring outside of the non-conformity, no need to do the 50% analysis – build away. (2) If the construction is occurring in the area of non-conformity AND is not increasing the degree of non-conformity AND is less than 50% of the cost of rebuilding the entire structure, the re/construction is allowed. (3) If the construction is occurring in the area of non-conformity AND is more than 50% of the cost of rebuilding the entire structure, must get Variance approval to legalize the non-conformity. (Note: this does not apply to non-conforming single family or duplex dwellings, accessory structures, or historic landmarks, which are governed by LOC 50.01.006.4.a.

50.01.006.4.b

50.01.006.5

Flag Lot

Legalization of a Parcel; Imposition of Flag Lot Standards

7/17/2009

Phantom Bluff Court was vacated decades ago while under County jurisdiction. As a result, most of the lots along Phantom Bluff Court became non-conforming because they did not meet the access standard, which requires that every lot abut a street for at least 25 feet. One such lot was illegally partitioned, and the owner now wants to legalize the second lot. Technically, the lot seeking legalization is not a Flag Lot because the parent parcel does not have street frontage (see definition of Flag Lot). However, under 50.07.003.5, the City may impose conditions of approval, including compliance with the Flag Lot standards, to insure that the development does not have a significant impact on the surrounding neighborhood. In addition, a minor variance to the Access Standard (50.06.003.1) is required for the legalized lot.

A delicatessen is a place where one can purchase prepared food, primarily cold food (such as sandwiches and potato salads), for off-site consumption purposes only. Delicatessens involve a minimum amount of on-site cooking. No more than 2 tables (and 8 chairs) are allowed as an accessory use intended primarily for customers waiting for their orders to be prepared. No table service is allowed.

A smoker's lounge is considered similar to other retail uses. Smoke shops must be certified by the State's Department of Human Services, and at least 75% of the business' gross revenue must come from tobacco sales. There are other State restrictions - see this site for details.

50.03.002.3

50.03.003.1.e

Floor Area

Accessory Structure Size, Floor Area Exemptions

1/5/2009

The size of an accessory structure in most residential zones is limited to 600 or 800 square feet (see 50.04.001.1.d.ii), and the size of a Secondary Dwelling Unit is limited to 800 square feet (see 50.03.003.1.e(5)). The Floor Area exemptions of 200-400 square feet, as found in 50.04.001.1.d.i, cannot be used to increase the size of an accessory structure or a detached Secondary Dwelling Unit. These exemptions apply to the Floor Area calculated for the entire site.

50.04.001.1.d.ii, 50.03.003.1.e, 50.04.001.1.d.i

50.03.003.1.e

Setbacks

Secondary Dwelling Units

9/24/2008

What setbacks - primary structure or accessory structure - apply to a detached Secondary Dwelling Unit (SDU)? A detached SDU must meet the zone setbacks and height limitations for accessory structures. In this case, the specific trumps the general. The definition of a SDU is very general, but LOC 50.03.003.1.e lists specifically the three configurations possible for SDUs: conversion of existing space, construction of an addition to the primary structure, and accessory structure.

50.03.003.1.e

50.03.003.1.e.i(5), See discussion of this issue in LU 07-0083

Non-Conforming

Secondary Dwelling Units

6/22/2009

If the non-conforming structure where the SDU will be located is non-conforming to lot coverage, Floor Area, or side setback plane, the SDU may still be located within the non-conforming structure as long as it would not increase the degree of that non-conformity and provided that all other requirements of the zone are met. For instance, if existing structures on a site are non-conforming to lot coverage, a garage on the site that gets an exemption to lot coverage through LOC 50.04.001.1.f.iii could not be converted to an SDU since that would increase the lot coverage; however, the SDU could be located elsewhere within an existing structure as long as it occupies space that is already counted to lot coverage.

50.03.003.1.e.i(5), See discussion of this issue in LU 07-0083

50.03.004.1.a

Accessory Use

Accessory Use

11/7/2011

To determine when a use is considered "accessory," consider (1) Generally accepted uses to a primary use based on "state of the industry," (2) Whether the accessory use is in scale with the primary use, (3) Whether the impacts of the accessory use significantly alter the impacts of the primary use (i.e., traffic volume), and (4) Whether the accessory use is the same scale as would be found for a primary use elsewhere (Example: if a gas station has become generally accepted as accessory to a grocery store, i.e., Safeway, Costco, the gas station is NOT an accessory use if the size of the proposed use would be consistent with a stand-alone primary use. In other words, one or two pump station might be permissible as an accessory use, but 4-8 pumps would be typically found as a stand-alone primary use, and therefore it is not an “accessory use” to a grocery store.

50.03.004.1.a, Planning Commission direction October 2011

50.03.004.2

Setbacks

Pool (in-ground) Setbacks

5/2/2008

An in-ground pool does not have to meet any setback because it does not obstruct "from the ground to the sky," but rather becomes the ground surface itself. However, if the pool is surrounded by a deck or a paved area that meets the Code definition of "patio" (at least 5 feet wide), this area must meet the 3-foot setback in LOC 50.22.045(2). Noise-producing equipment such as the motor must meet accessory structure setbacks.

50.04.003.8.b, 50.03.004.2

50.03.004.2.b

Setbacks (9-17-15: Reviewing this informal interpretation)

Parking Pads

12/9/2008

Parking pads are considered accessory structures (like a detached garage), and must meet accessory structure setbacks; these setbacks can be reduced through 50.03.004.2.b, if all criteria are met.

50.03.004.2.b

50.03.005.5.a

Farmer's Markets

Farmer's Markets

4/9/2009

The specific regulations regarding Farmer's Markets in Subsection (a) of 50.03.005.5 override the general heading of 50.03.005.5.a, "In commercial, industrial and public use zones." As a result, Farmer's Markets are allowed only in three areas: East End Business District, West End Business District, and the Lake Grove Industrial Park District.

The method of measuring "size" is "gross building floor area." CAO Opinion 10/17/16.

50.04.001.2.d.iii(2)

50.04.001.2.f.i

Lot Coverage

Height of Structure

10/18/2010

Lot coverage is determined by primary structure height, even if an existing accessory structure is taller than the house.

50.04.001.2.f.i

50.04.001.2.f.i(2)

Lot Coverage

Exemptions for Garages

6/20/2007

Section 50.04.001.2.f.i(2) allows 200 sq. ft. exemptions to lot coverage for attached garages that are rear and side-loading. This section is not cumulative - only one exemption is allowed.

50.04.001.2.f.i(2)

50.04.001.2.f.ii(5)

Lot Coverage

Lot Coverage Exemption, Side Loading Garage

8/15/2007

For homes that have both front-loading and side-loading garage stalls, homeowner gets up to 200 square foot lot coverage exemption for stalls that are considered side-loading (50.04.001.2.f.ii(5)). If the side-loading garage is only 150 square feet, the exemption to lot coverage is only 150 square feet.

50.04.001.2.f.ii(5)

50.04.001.2.f.ii(5)

Non-Conforming

Expansion of Structure

9/19/2007

An existing dwelling that is non-conforming to lot coverage can add a garage that qualifies for lot coverage exemptions under LOC 50.04.001.2.f.ii(5), so long as the resulting lot coverage is not increased. [Note: this interpretation does not apply to non-conforming single family or duplex dwellings, accessory structures, or historic landmarks, which are regulated by LOC 50.01.006.4.a].

50.04.001.2.f.ii(5)

50.04.001.2.g.i, ii

50.04.001.3.f.i, ii

Height

Height Exception, Width of Side Elevation

4/9/2008

A covered porch is included in the width of a side elevation when determining the structure width for exceptions to the maximum building height. The width is measured to the outside of the support post of the covered porch, not to the eave (applies to all zoning districts with Height Exception criteria).

50.04.001.2.g.i, ii

50.04.001.3.f.i, ii

50.04.001.1.d.i(2)

Floor Area

Accessory Structure Size, Floor Area Exceptions

1/5/2009

The size of an accessory structure in most residential zones is limited to 600 or 800 square feet (see 50.04.001.1.d), and the size of a Secondary Dwelling Unit is limited to 800 square feet (see 50.03.003.1.e). The Floor Area exceptions of 200-400 square feet, as found in 50.04.001.1.d.i(2), cannot be used to increase the size of an accessory structure or a detached Secondary Dwelling Unit. These exceptions apply to the Floor Area calculated for the entire site.

50.04.001.1.d, 50.03.003.1.e, 50.04.001.1.d.i(2)

50.04.001.1.d.i(2)

Floor Area

Habitable Areas of an Accessory Structure

6/20/2007

200-400 square feet of habitable area of a detached accessory structure, whether on the ground floor or above the ground floor, is exempt from floor area.

50.04.001.1.d.i(2)

50.04.001.1.d.ii

Lot Coverage, R-6

Trellis Connecting Dwelling with SDU

9/4/2009

A property owner wants to convert a non-conforming accessory structure to an SDU, but it exceeds the accessory structure size limits due to its height. By connecting the SDU to the main dwelling with a trellis, the SDU becomes part of the primary structure. While generally "trellises (and) other landscaping features" are exempt from lot coverage calculations in the R-6 zone, this trellis is not exempt because it is a structural part of the house and is not used for landscaping purposes.

For the purposes of calculating impervious surface in the R-6 zone, R-DD zone and Glenmorrie Overlay, the following items are counted as impervious (this is not an exclusive list): footprint of house and any accessory structure, carport, covered porches, swimming pools, spas, and eaves deeper than 2 feet. The following items are considered pervious: paving systems that are designed to be permeable (except in Glenmorrie), and wood decks. In Glenmorrie, in paved areas that include both plant and non-plant material, the non-plant material is considered impervious.

50.04.001.2.f.ii(5), 50.04.001.2.f.iii(2), 50.05.001.4

50.04.001.2.f.ii(3)

Lot Coverage, R-6

Trellis Connecting Dwelling with SDU

9/4/2009

A property owner wants to convert a non-conforming accessory structure to an SDU, but it exceeds the accessory structure size limits due to its height. By connecting the SDU to the main dwelling with a trellis, the SDU becomes part of the primary structure. While generally "trellises (and) other landscaping features" are exempt from lot coverage calculations in the R-6 zone, this trellis is not exempt because it is a structural part of the house and is not used for landscaping purposes.

50.04.001.d.ii, 50.04.001.2.f.ii(3), 50.10.003.2, Accessory Building

50.04.001.2.f.ii(4)

Impervious Surface

Impervious Surface, R-6, R-DD (Old Town) and Glenmorrie Overlay

9/26/2007

For the purposes of calculating impervious surface in the R-6 zone, R-DD zone and Glenmorrie Overlay, the following items are counted as impervious (this is not an exclusive list): footprint of house and any accessory structure, carport, covered porches, swimming pools, spas, and eaves deeper than 2 feet. The following items are considered pervious: paving systems that are designed to be permeable (except in Glenmorrie), and wood decks. In Glenmorrie, in paved areas that include both plant and non-plant material, the non-plant material is considered impervious.

50.04.001.2.f.ii(4), 50.04.001.2.f.iii(2), 50.05.001.4

50.04.001.4.a

Setbacks

*General setback in MC zone; **Parking setback in MC zone

9/05/2014

*The base setback in the MC zone for lots that abut a more restrictive zone is 15 feet. Larger setbacks are required incrementally for every 10 feet that a building exceeds 35 feet in height.

**The Parking Standard states that parking shall not be located in a required yard - there is no provision in the MC zone that states that parking has its own setback (e.g., there are zones that specifically distinguish the setbacks for buildings, parking and driveways.) Parking must therefore meet whatever the required yard is abutting the more restrictive zone. For example, a 95' tall building would require a 75' setback and parking cannot be located within that setback. For other areas abutting that property line that are not adjacent to the building, the parking would need to be set back a minimum of 15'.

50.04.001.4.a

50.04.003.3

Setbacks

Exceptions and Variances

6/2/2010

The Exceptions allowed under 50.04.003.3.a cannot be used in conjunction with a Variance or Residential Infill Design Review (RID), as both Variances, RIDs and Exceptions are applied to the required zone standards.

50.04.003.3

50.04.003.4

Fences

Driving Range Netting

7/17/2009

A golf course wants to increase the heights of its poles on which netting is strung to contain balls at the driving range. The poles are exempt from height limits of the zone under 50.04.003.4. However, under the definition of a "fence," if the netting extends to the ground it is considered a fence and the golf course must apply for a variance to the fence height standards (10 feet) of 50.06.004.2.c.x. Replacement of the netting does not require review if the height of the netting and poles is not increased.

50.06.004.2, 50.04.003.4

50.04.003.7.b

Boathouse

Roof-top decks on Boathouses; stairs

8/20/2014

Decks placed on top of flat-roofed boathouses are considered a part of the boathouse. Internal or external stairs to the deck are also considered a part of the boathouse, provided: a) external stairs are not connected to any other structure, including other decks; and, b) the overall size of the boathouse (inclusive of the stairs) meets the boathouse standards.

50.04.003.7.b

50.04.003.8.b

Boathouse

Elevated Walkways

10/25/2006

For a boathouse that is located entirely on Lake Corp property (which is unzoned), an elevated walkway that connects to the boathouse and is under 30 inches above grade is not subject to zone standards. Elevated walkways greater than 30 inches above grade are considered part of the boathouse and thus the upland zoning regulations would apply to the entire boathouse.

50.04.003.8.b

50.04.003.8.b

Setbacks

Pool (In-ground) Setbacks

5/2/2008

An in-ground pool does not have to meet any setback because it does not obstruct "from the ground to the sky," but rather becomes the ground surface itself. However, if the pool is surrounded by a deck or a paved area that meets the Code definition of "patio" (at least 5 feet wide), this area must meet the 3-foot setback in LOC 50.04.003.8.b. Noise-producing equipment such as the motor must meet accessory structure setback.

50.04.003.8.b, 50.03.004.2

50.04.004.3

R-6

Solar Lots, Maximum Shade Point

10/11/2006

Lots that were created before the adoption of the Solar Code (1988) are not exempt from the Maximum Shade Point (MSP) requirements of 50.06.007.2.c, regardless of whether or not the lot meets the Design Standards for Solar Access in 50.06.007.1.d. The MSP requirements apply to building permits for any structure in the R-7.5, R-10 and R-15 zones, all single family detached structures in any zone, unless the lot qualified for an exemption through 50.04.004.3.

50.06.007.2.b, 50.04.004.3

Table 50.04.001-1

Floor Area

Floor Area and Garages

7/7/2010

For dwellings that provide a garage, Table 50.04.001-1 allows bonus floor area in the R-7.5, R-10 and R-15 zones. This bonus floor area may be used to expand either the dwelling or the garage (although it cannot be used to expand a detached garage in violation of LOC 50.04.001.1.d).

Table 50.04.001-1

Table 50.04.001-1

Garage Appearance and Location, Partitions and Lot Line Adjustments

Discrepancy Between Plat and Survey

11/9/2010

Advances in measuring technology often result in discrepancies between the platted dimensions of a lot (width, depth, lot size) and the new surveyed dimensions. For Garage Appearance and Location standards, which do not apply to lots less than 50 feet in width, the City will rely on platted lot dimensions based on rounding and the degree of numerical significance – the “trigger” is stated as a whole number (i.e., 50 feet, not 50.0 feet), therefore a surveyed dimension of 49.7 feet is rounded to 50 feet to determine if the trigger is applicable. For lot line adjustments and partitions, a minor variance is available for relief from such discrepancies. In cases where the platted widths of abutting lots are 50 feet AND the owner is re-orienting the internal lot line, a condition of approval will be imposed which prohibits the resulting lots from being exempted from the Garage Appearance and Location Standards.

Table 50.04.001-5, 50.06.001.4.a.iii(5)

Table 50.04.001-1

Setbacks

R-7.5 Side yard Setback; Non-Conforming Structure

10/4/2006,

10/20/2016

A new dwelling or an addition to an existing dwelling cannot alternate the side yard setbacks in the R-7.5 zone. If one side is at 5 feet, the other must be set back at least 10 feet for the entire length; it cannot switch off for parts of the dwelling or new additions. For example:

A nonconforming dwelling that is 5 feet on one side (conforming) and 8 feet on another (nonconforming with a combined total of 13 feet) can have an addition that continues the conforming wall at 5 feet, but must have a 10-foot setback on the other side (combined total of 15 feet for the addition). If the applicant chooses to have a larger setback on the 5-foot side (for instance 7.5 feet), they cannot then have a 7.5-foot setback on the 10-foot side even though the combined total would add up to 15 feet for the addition because that would result in alternating the setbacks, contrary to the interpretation above. In that case, the setbacks for the addition would need to be 7.5 feet and 10 feet.

A nonconforming dwelling with a 1-foot setback on one side and 4-foot setback on the other can have an addition, but it must provide a 5-foot setback on the 1-foot side and provide a 10-foot setback on the other for a combined total of 15 feet for the addition. The addition does not have to “make up” for the 4-foot deficiency by providing a combined total of greater than 15 feet, however, all future additions must abide by the 5-foot setback on the 1-foot side and a 10-foot setback on the other side.

Table 50.04.001-1

Table 50.04.001-3

Floor Area

Floor Area Bonus for Each Dwelling Unit

2/18/2011

In the residential zones, the Floor Area formula provides a bonus for “each residential unit providing a garage.” On lots on which more than one dwelling unit is located (e.g., duplex, SDU), each unit must provide a separate garage or carport (not simply a dedicated stall in a shared garage) in order to qualify for an additional FA bonus.

Table 50.04.001-3

Table 50.04.001-5

Setbacks

Garage Opening Setback

9/30/2010

The new Garage Opening setback in R-6 applies only to the lot line that faces the garage opening.

Table 50.04.001-5

Table 50.04.001-6

Setbacks

Additions in R-6

9/30/2010

Additions to Primary and Accessory Structures that Were Built Before July 1, 2010: Structures built before July 1, 2010, get the old side yard setbacks for the R-6 zone, regardless of whether the structure is conforming or non-conforming.

For the purpose of calculating impervious surface in the R-6 zone, R-DD zone and Glenmorrie Overlay, the following items are counted as impervious (this is not an exclusive list): footprint of house and any accessory structure, carport, covered porches, swimming pools, spas, and eaves deeper than 2 feet. The following items are considered pervious: paving systems that are designed to be permeable (except in Glenmorrie), and wood decks. In Glenmorrie, in paved areas that include both plant and non-plant material, the non-plant material is considered impervious.

50.04.001.2.f.ii(5), 50.04.001.2.f.iii(2), 50.05.001.4

50.05.004.8.f

Hanging Baskets

Hanging Baskets

6/17/2011

For new construction and substantial remodeling downtown, LOC 50.05.004.8.f requires seasonal hanging baskets placed within parking lots and along streets and sidewalks. This standard is not applicable if there are no light poles or similar structures on which to place hanging flower baskets.

50.05.004.8.f

50.05.004.9.a.vii

DRDD Parking

Retail Use Parking Exemption

10/19/16

The retail uses that are exempt from parking in this standard are limited to the following uses: Markets, Delicatessens, specialized food stores, bakeries, general retail, restaurants, and bars [see LOC 48.10.305(2), (3), and (4)](pre-2002).

Legislative History Analysis: When the parking exemption [formerly Title 23.405(1)(f)] was adopted with the DRDD (formerly Title 23.000), retail uses is the Commercial Zones were categorized at that time under three main headings: Retail Sales - Food; Retail Sales - General Merchandise; and Retail Sales - Restaurants, Drinking Places. All the uses listed under those retail categories that located in existing buildings were exempt from parking under this standard. When the use tables were reorganized by subsequent code amendments, the use category headings were changed; however, these subsequent amendments were not intended to modify the type of retail uses that were exempt from parking under this standard. As a result, the uses listed above are exempt from parking pursuant to this standard as originally intended and historically applied.

50.05.004.9.a.vii

50.05.004.13.h(7)(a)

50.05.004.13.h(7)(a)

DRDD Parking (Objective Standards)

Retail Use Parking Exemption

10/19/16

See interpretation for 50.05.004.9.a.vii.

50.05.004.13.h(7)(a)

50.05.004.9.a.vii

50.05.007.5.b

Lake Grove Village Center Overlay

Architectural Styles, Remodels

9/30/2010

When an existing building does not fit into one of the allowed architectural styles per LOC 50.05.007.5.b, exterior improvements that do not transform the design to a permitted architectural style require a Major Adjustment (unless the change is so minor that no Building Permit is required). The architectural style standard only applies to that portion of the exterior improvement, and not the entire structure. (These permitted architectural styles only apply until the Lake Grove Village Center Handbook is adopted.)

50.05.007.5.b

50.05.007.5.d.v

Lake Grove Village Center Overlay

Rain Protection

9/30/2010

Rain protection is required over public sidewalks, internal sidewalks, and plazas when the building wall abuts the sidewalk. IF there is a landscape strip or other material that prohibits pedestrian activity next to the building wall, the rain protection standard does not apply.

50.05.007.5.d.v

50.05.007.5.g.ii

Lake Grove Village Center Overlay

Roof Material

9/30/2010

The Overlay lists acceptable roof materials as slate, tile, shakes or wood shingles, or synthetic materials that are made to look like those products. The list does not apply to flat roofs or eco-roofs.

50.05.007.5.g.ii

50.05.007.6.e.viii(5)(b)

Lake Grove Village Center Overlay

Landscaping Buffer

9/30/2010

The Overlay requires a 10-foot landscaped buffer between parking areas and any residentially-zoned property, then references the landscaping standard for properties abutting R-7.5 and R-10 zones, which also requires a 6-foot tall wood or masonry sight-obscuring fence. The fence is ONLY required if the abutting lot is R-7.5 or R-10.

50.05.007.6.e.viii(5)(b) and 50.05.007.6.f.i

50.05.007.6.f.i

Lake Grove Village Center Overlay

Landscaping Buffer

9/30/2010

The Overlay requires a 10-foot landscaped buffer between parking areas and any residentially-zoned property, then references the landscaping standard for properties abutting R-7.5 and R-10 zones, which also requires a 6-foot tall wood or masonry sight-obscuring fence. The fence is ONLY required if the abutting lot is R-7.5 or R-10.

50.05.007.6.e.viii(5)(b) and 50.05.007.6.f.i

50.05.008

IPO

Special Requirement for 20% Street Facing Glazing

3/2/2015

This section requires that at least 20% of a street facing faҫade be glass. Street facing faҫade in this context means the building elevation that faces a street along the front property line. This standard does not apply to situations where there is an intervening property between the site and the street.

The RP and RC overlay districts can extend past the "upland" properties along Oswego Lake, the canals and onto Lake Corp property.

50.05.010.2

50.05.010.2

Sensitive Lands

Boathouses, Lake Corp

10/25/2006

Mapped Overlay Districts on Lake Corp property apply to boathouses.

50.05.010.2

50.05.010.2.b

Sensitive Lands

Resources Protected Under LODS 3 and 4; Further Partitioning

12/22/2010

Per LOC 50.05.010.2.b.i, the regulations of LOC 50.05.010 don't apply to a project if a resource was previously identified and protected under Lake Oswego Development Standard (LODS) 3 (stream corridors) or 4 (wetlands) within the boundaries of a partition, subdivision, Planned Development or lot line adjustment. This holds true if development occurs on a vacant lot or if re-development occurs on a developed lot. However, LOC 50.05.010 does apply in the following circumstances: (1) the lot where the resource was identified and protected is further divided; (2) a lot line adjustment will divide a resource; and (3) a lot line adjustment will change the distribution of a resource between the subject properties.

50.05.010.2.b

50.05.010.2.c

Sensitive Lands

Development in RP or RC District

2/18/2011

LOC 50.05.010.2.c exempts from review a limited amount of development inside an RP or RC District and their constructive setbacks. The 200-square foot development applies to detached structures, or decks that are attached to the primary structure AND are less than 30" above grade. The 700 square-foot development applies to additions and alterations that expand the footprint of the primary dwelling, including decks that are over 30" above grade.

50.05.010.2.c

50.05.010.2.c.i

Sensitive Lands

Vertical Expansion

3/17/2010

The Code allows the "vertical expansion of an existing structure within the footprint of that structure" located in a sensitive lands overlay. Vertical can mean building up or building down (under a deck, for example). In either case, the development cannot remove any native vegetation.

50.050.010.2.c.i

50.05.010.4.b

Lot Coverage and Floor Area

Substandard Encumbered Lots

6/9/2010

Given that (1) legal substandard lots are generally eligible for minor variances to increase lot coverage, and (2) 50.05.010.4.b allows setbacks to be reduced without a variance if the setback reduction better protects an RC or RP resource, a substandard lot that is encumbered by an RP or RC overlay cannot use 50.05.010.4.b or 50.05.010.6.d in conjunction with a minor variance to lot coverage to get a bigger house.

50.05.010.4.b, 50.05.010.6.d, 50.08.002.3.d

50.05.010.4.b.iii

Setbacks

Setback Modification Under 50.05.010

6/2/2010

Section 50.05.010.4.b.iii implies that a setback modification under 50.05.010 could be processed ministerially if it is not part of an application that includes a minor or major development. As the standards under which a modification of setbacks can occur are discretionary, a setback modification under 50.05.010 is always considered a Minor Development.

50.05.010.4.b.iii, 50.07.003.14.a.i

50.05.010.5.b

Sensitive Lands

RCPA Boundary

2/1/2011

The RCPA does not have to follow the outer edge of the contiguous tree canopy, i.e., a portion of a tree's canopy can fall outside of the RCPA, but only in circumstances where the intrusion is warranted to meet the RCPA criteria of 50.05.010.5.b, and an arborist's report and investigation using air spading shows that development within the tree canopy will not be harmful to the tree(s).

50.05.010.5.b

50.05.010.6.c.ii(1)(b)

RP District - Tree Removal

Potential Damage to Existing Structure

11/15/2016

A property owner may apply for a Type II tree permit to remove a tree that is located in an RP District when the tree is damaging or will likely damage an existing, viable structure, provided the structure is legally constructed, the tree removal is necessary for the routine maintenance and repair of the structure (e.g., the tree roots are cracking the foundation of the structure and root pruning and/or reasonable repair is not feasible), and if applicable, permission is obtained from the HOA or easement holder. (See Planning Manager Memorandum dated 11/15/16.)

50.05.010.6.c.ii(1)(b)

50.05.010.6.d

Lot Coverage and Floor Area

Substandard Encumbered Lots

6/9/2010

Given that (1) legal substandard lots are generally eligible for minor variances to increase lot coverage, and (2) 50.05.010.4.b allows setbacks to be reduced without a variance if the setback reduction better protects an RC or RP resource, a substandard lot that is encumbered by an RP or RC overlay cannot use 50.05.010.4.b or 50.05.010.6.d in conjunction with a minor variance to lot coverage to get a bigger house.

50.05.010.6.d, 50.08.002.3.d

50.05.010.6.d

Sensitive Lands

Encumbered Lots

3/26/2010

If there is room for one owner to build/expand outside of the overlay district and any buffer(s), the owner must rely on protected riparian area reduction, protected riparian area averaging, and setback reduction before relying on 50.05.010.6.d and the calculation of the maximum-sized house on the minimum-sized lot for the zone.

While Flag Lots that use a flag pole (not an easement) for access "front" a street, Flag Lots are not subject to to the Street Front Setback Plane requirement.

50.06.001.2.b

50.06.001.2.b and d

Setbacks

Setback Planes, Special Street Setback

11/22/2006

When a special street setback is applied to a property, the setback plane starts at the cumulative setback line of any required yard AND special street setback.

50.04.002, 50.06.001.2.b and d

50.06.001.2.b and d

Street Front Setback Plane

Measurement at Grade

1/14/2011

50.06.001.2.b and d, CAO Memo January 11, 2011

Street Front Setback Plane

Point of Measurement when Setback Increased

1/14/2011

A PD approved a front yard setback of 45 feet (requested by the applicant) in order to protect trees and provide stormwater facilities in the front yard. The PD did not modify the location of measurement for the front setback plane, so the front setback plane is measured at the increased setback line. A PD Modification could alter the location of where the front setback plane is measured. [50.06.001.2.b and d].

50.06.001.2.b and d, CAO Memo January 11, 2011

50.06.001.2.e

Side Yard Setback Plane, Interior Lots

Grade

12/18/14

The plane starts at the prescribed point and goes up 20 ft. (street front) or 12 ft. (side yard). The question is what is the ground point elevation from which the 20 ft./12 ft. plane begins? The elevation of the plane starts at the grade as determined in the same manner as building height is measured for building height purposes: either at original grade (fill) or altered grade (cut); UNLESS the site is located in a Planned Development (PD) subdivision and then the grade is measured per the "building height" definition for PDs ["On Lots within Planning Developments: For the purposes of determining building height, ground surface shall mean the elevation of the:

i. Natural ground surface; or

ii. Altered ground surface, as a result of the prior planned development approval."]

50.06.001.2.e

50.06.001.2.f.iii

Side Yard Appearance and Screening

Depth of Planting

9/30/2010

The screening allowed under Treatment 3 cannot be placed more than 20 feet away from the side plane of the structure (applies to all zoning districts).

50.06.001.2.f.iii

50.06.001.2.f.iii

Side Yard Appearance and Screening

Distance Between Structures

9/30/2010

To use the screening option under Treatment 3, there must be a minimum of 15 feet between dwellings. This will not prohibit the abutting neighbor from decreasing his/her setback in the future, and there will be no Notice of Development Restriction recorded on the abutting property (applies to all zoning districts).

50.06.001.2.f.iii

50.06.001.2.g(2)

Balcony

Side Yards on Corner Lots

9/30/2010

For the purpose of this section, "balcony" and "deck" are synonymous.

50.06.001.2.g(2)

50.06.001.4

Garage Appearance and Location, Partitions and Lot Line Adjustments

Discrepancy Between Plat and Survey

11/9/2010

Advances in measuring technology often result in discrepancies between the platted dimensions of a lot (width, depth, lot size) and the new surveyed dimensions. For Garage Appearance and Location standards, which do not apply to lots less than 50 feet in width, the City will rely on platted lot dimensions based on rounding and the degree of numerical significance – the “trigger” is stated as a whole number (i.e., 50 feet, not 50.0 feet), therefore a surveyed dimension of 49.7 feet is rounded to 50 feet to determine if the trigger is applicable. For lot line adjustments and partitions, a minor variance is available for relief from such discrepancies. In cases where the platted widths of abutting lots are 50 feet AND the owner is re-orienting the internal lot line, a condition of approval will be imposed which prohibits the resulting lots from being exempted from the Garage Appearance and Location Standards.

Table 50.04.001-1, 50.06.001.4

Misc.

Square Footage

10/11/2006

A commercial development was approved for 4 buildings, each 100,000 square feet in size. Building #1 came in at 98,000. Can Building #2 absorb the lost square footage, taking it to 102,000 square feet? Staff agreed that this would meet the test of substantial compliance, provided that the new layout does not affect trees, intensity, landscaping or parking.

50.06.001.4.a.ii

Corner Lot

Garage Appearance and Location

11/10/2010

On a corner lot, the garage is considered front-loading toward the street that the garage doors face (unless it is considered rear-loading, or side-loading along an internal property line). It is not simultaneously considered side-loading from the second street. The Garage Appearance and Location standard that requires exposed garage walls to have more than one plane or 10% fenestration does not apply to the side walls of front-loading garages.

50.06.001.4.a.ii

50.06.001.4.a.iv(2)(b)

Garage Appearance and Location

Zero Lot Line Dwellings and Duplex

9/30/2010

The standards of LOC 50.06.001.4.a.iv(2)(b) apply only when the garage frontage is between 60 and 75% of the width of the façade, and not for 0 to 75%.

50.06.001.4.a.iv(2)(b)

50.06.001.4.a.iv.(2)(b)(iv)3

Outdoor Living Spaces

Garage Appearance and Location, Zero Lot Line Dwellings

10/4/2010

The width of the required outdoor living space is defined as the width of the dwelling façade. "Enclosed" only means along the front property line.

50.06.001.4.a.iv.(2)(b)(iv)3

50.06.001.5.g.ii

Setbacks

Conflicting Code Standards

2/1/2011

LOC 50.11.006, Appendix F of the CI zone requires a 50-foot setback along the Highway 43 right of way (the only public street abutting the Marylhurst Campus). The Building Design standards require new buildings to be located within 30 feet of a public street [LOC 50.06.001.5.g.ii]. The specific standard (minimum 50-foot setback in the CI zone) trumps the general standard (maximum 30 feet for new buildings); no variance is necessary to the Building Design standards in order to construct a new building on campus that is more than 50 feet from the public street.

50.06.001.5.g.ii, LOC 50.11.006, Appendix F

50.06.004.2.b.i(1)

Fences

Height Adjacent to Access

8/15/2007

Residential fences are limited to 4 feet in height when located within 10 feet of a "property line abutting a public or private street or an access easement which serves more than 2 lots." If an access way provides non-vehicular access to the property, then this limitation does not apply and a 6 foot fence is allowed.

50.06.004.2.b.i(1)

50.06.004.2.b.i(1)

Fences

Height on Through Lot

8/15/2007

Residential fences are limited to 4 feet in height when located within 10 feet of a "property line abutting a public or private street or an access easement which serves more than 2 lots." On a Through Lot, where the primary access is from Street A and the rear property line abuts Street B, a public or private street that serves more than 2 lots, the 4 foot limitation applies along both Street A and Street B.

50.06.004.2.b.i(1)

50.06.004.2.c.vii

Setbacks

Retaining Walls

12/9/2008

Retaining walls greater than 4 feet in height must meet PRIMARY structure setbacks; retaining walls are NOT considered accessory structures and CANNOT use 50.03.004 to reduce the side and rear setback.

50.06.004.2.c.vii

50.06.004.2.b.x

Fences

Driving Range Netting

7/17/2009

A golf course wants to increase the heights of its poles on which netting is strung to contain balls at the driving range. The poles are exempt from height limits of the zone under 50.04.003.4. However, under the definition of a "fence," if the netting extends to the ground it is considered a fence and the golf course must apply for a variance to the fence height standards (10 feet) of 50.06.004.2.b.x. Replacement of the netting does not require review if the height of the netting and poles is not increased.

A property owner erected a "good neighbor" fence on his property, then erected a taller second fence 4 feet inside it that exposed the structural elements to his abutting neighbor's property. The intent of the "good neighbor" fence requirement was met if the property owner screened the structural elements that are visible from the abutting neighbor's property; the entire height of the second fence did not have to be screened.

Code requires that condominium projects need to provide 25% of their required parking for visitor parking. Underground parking could be used to meet this standard, provided a buzzer system is installed that allows visitors to contact tenants to grant entrance to the parking garage.

Table 50.06.002-1

Table 50.06.002-1

Parking

Volunteers

10/25/2006

For those uses that calculate required parking based on number of employees, volunteers count toward the Minimum Off-Street Parking Space Requirements (Appendix 50.55-A).

Table 50.06.002-1

50.06.007.2.b

R-6

Solar Lots, Maximum Shade Point

10/11/2006

Lots that were created before the adoption of the Solar Code (1988) are not exempt from the Maximum Shade Point (MSP) requirements of 50.06.007.2.c, regardless of whether or not the lot meets the Design Standards for Solar Access in 50.06.007.1.d. The MSP requirements apply to building permits for any structure in the R-7.5, R-10 and R-15 zones, and all single family detached structures in any zone, unless the lot qualifies for an exemption through 50.04.004.3.

The applicant has 180 days to complete an application; this clock starts from the date of the incomplete Letter. Subsequent submittals and staff review must take place within that 180 days, or the application is voided; the 180-day clock is not restarted with each submittal. The applicant can request one additional 180-day review period -- it starts immediately after the end of the first 180-day period.

50.07.003.1.h

50.07.003.3.a.i

Notice

Notice Lists

10/11/2006

Code requires notice lists from the "most recent" tax rolls. County updates its rolls once a year at the beginning of October, so an application that is filed months before but is not complete until October could have out-of-date mailing labels. Solution: At Pre-App, notify applicant that an updated list could be required, depending on when the application is deemed complete. Staff will push the internal time line for completeness up a few days to be able to notify applicant in a timely manner if new labels are required.

50.07.003.3.a.i

50.07.003.1.g.iii; see CAO email 12/17/2007

120 Day Review

Historic Review & 120 Day Review Requirement

12/17/2007

The 120 day review requirement applies to the historic review process for: designation, undesignation, alterations, demolition and moving a landmark.

50.07.003.1.g.iii; see CAO email 12/17/2007

50.07.003.11; See CAO Memo 6/22/2009

PD Modification

Zoning Standards "Locked"

6/22/2009

Original PD subdivision was approved in 1984, with one or more modifications to the zone standards; one property owner now seeks a small setback modification. The modification of a previously-approved setback does not "unlock" the zoning standards for the entire PD subdivision; the scope of the requested setback modification is measured from the setback established by the original PD subdivision approval.

In some instances, a person that has submitted a comment/document may wish to remain anonymous or may wish to retract the comment altogether. In the case of requested anonymity, we may redact the identifying information from the document for inclusion in the record and seal the original copy. In cases where the person who submitted the comment wishes to retract the letter altogether, the letter shall be sealed and shall not be considered in reviewing the application. In both cases, the original sealed document will be kept in the the file until it is expunged in accordance with the retention schedule.

Public Records

Public Records

12/7/2009

When the City has received a document (particularly when it has been stamped "received"), it becomes a public record. A person that submits a document that has been received by the City may not then ask for the document back, as it is now a public record and must be retained in accordance with the retention schedule required by public records law (see CAO or City Recorder regarding retention schedules).

Public Records

Sealed Documents

12/7/2009

Sealed documents shall not be microfiched. When files are purged for microfiching, any sealed documents should be filed with the CAO until they are ready to be expunged according to the retention schedule. A note should be microfiched with the file stating that the sealed record is filed with the CAO and referencing the date it is scheduled to be expunged.

50.07.003.14.a.i

Setbacks

Setback Modification Under 50.05.010

6/2/2010

Section 50.05.010.4.b.iii implies that a setback modification under 50.05.010 could be processed ministerially if it is not part of an application that includes a minor or major development. As the standards under which a modification of setbacks can occur are discretionary, a setback modification under 50.05.010 is always considered a Minor Development.

50.05.010.4.b, 50.07.003.14.a.i

50.07.004.8.d

Sensitive Lands

Lake Elevation and RP Districts

8/4/2010

Where RP district overlays abut Oswego Lake and the canals, the RP boundary ends at the Lake elevation of 98.6 feet.

50.07.004.8.d

50.07.007.2.a

Flag Lot

Applicability of Standards

2/18/2011

The new (2010) Flag Lot standards allow more flexibility to certain zone standards. The 2010 Flag Lot standards do not apply to flag lots created before 2010 that are now the subject of a lot line adjustment application, and the applicant cannot voluntarily choose to be subject to these standards.

50.07.007.2.a

50.07.007.2.a.ii

Flag Lot

Flag Lot Standards

2/1/2011

A flag lot that was not created under the flag lot standards cannot voluntarily choose to develop according to 50.07.007.2.

50.07.007.2.a.ii

50.07.007.2.c.i

Flag Lot

Access

10/4/2010

"Developable" is defined as "partitionable."

50.07.007.2.c.i

50.07.007.2.d.i

Flag Lot

Front Yard

10/4/2010

A Flag Lot created pre-Ordinance 2524 (effective 7/1/2010) that takes access via a flag pole (rather than an easement) OR a post-2010 flag lot with a flag pole that has a driveway that only serves that lot, i.e., not an access lane, "fronts" on a public street, and therefore the front yard on such a lot is measured from the front line that abuts the public street.

50.07.007.2.d.i

50.07.007.2.d.i

Flag Lot

Front Yard

10/4/2010

50.07.007.2.d.i, Figure 50.07.007-A

50.07.007.2.d.iii

Lot Coverage

Flag Lots, Lot Coverage

8/16/2006

The flag pole area is not excluded from lot coverage and floor area calculations. However, for purposes of minimum lot size, the flag pole area or access easement is excluded.

50.10.003.2, Lot Area, 50.07.007.2.d.iii

50.07.007.2.e.iii

Flag Lot

Maximum Structure Height

11/20/2008

LOC 50.07.007.2.e.iii requires that the maximum structure height on flag lots be either (a) 22 feet, or (b) the average height of all dwellings on lots abutting the parent parcel, whichever is greater. Assuming the parent parcel and all abutting parcels are in the same zoning district, the actual height of the abutting structures is used in figuring the average, even if an abutting structure is non-conforming to the zone height standard. In any case, the maximum structure height on the flag lot cannot exceed the maximum height specified in the zone.

50.07.007.2.e.iii

50.07.007.2.e.iii

Flag Lot

Site Area for Legalizing an Illegally-Created Flag Lot

11/20/2008

When legalizing an illegally-created flag lot, the boundary of the ORIGINAL lot from which the illegal lot was created is used in determining which abutting lots are used in the calculation for maximum structure height. The applicant gets no benefit from the illegal creation of the lot.

50.07.007.2.e.iii

50.07.007.2.e.iv

Flag Lot

Access Lanes

1/4/2011

The access lane for a flag lot(s) cannot be closer than 5 feet from any existing structure, including structures both on or off the parent parcel.

50.07.007.2.e.iv

50.07.007.2.e.v(3)(b)

Flag Lot

Setbacks

10/4/2010

Providing "similar" setbacks is not the same as providing the "same" setbacks. The largest setback(s) on a flag lot should be adjacent to the largest setback(s) on abutting lots, but they do not have to match numerically.

50.07.007.2.e.v(3)(b)

50.07.007.2.e.vi

Flag Lot

Lot Width and Depth

10/4/2010

Basically, on flag lots, the 100-foot lot depth requirement is thrown out, but the lot depth can't be less than the lot width required by the zone.

50.07.007.2.e.vi

50.07.007.2.f.iii

Flag Lot

Landscaping and Screening

11/23/2010

When Flag Lots are created, LOC 50.07.007.2.f.iii requires screening along the rear and side yards "where the new development" occurs. The landscaping and screening is required only on the Flag Lot(s), regardless of whether the Flag Lot is vacant or developed.

50.07.007.2.f.iii

50.07.007.4.c.iii; See CAO Memo 6/22/2009

PD Modification

Review Criteria

6/22/2009

Original PD subdivision was approved in 1984, with one or more modifications to the zone standards; one property owner now seeks a small setback modification. The proposed modification is reviewed under the current PD review criteria (sense of privacy, scale, and open space), and is compared against the PD subdivision as it was originally approved.

Section 50.08.002.2.g allows a Minor Variance for dormers that do not exceed the height of the roof ridge of the existing dwelling, under the qualification that the structure is non-conforming relative to lot coverage or setbacks. "Setback" is interpreted to include all Setback Planes. However, the Minor Variance does not exempt the applicant from Setback Plane standards, thus, only 2 dormers would be allowed to project into a Front Setback Plane per 50.08.002.2.g.

50.08.002,

50.08.002.2.g

50.08.002.2.j

Flag Lot

Legalization of a Parcel; Imposition of Flag Lot Standards

7/17/2009

Phantom Bluff Court was vacated decades ago while under County jurisdiction. As a result, most of the lots along Phantom Bluff Court became non-conforming because they did not meet the access standard, which requires that every lot abut a street for at least 25 feet. One such lot was illegally partitioned, and the owner now wants to legalize the second lot. Technically, the lot seeking legalization is not a Flag Lot because the parent parcel does not have street frontage (see definition of Flag Lot). However, under 50.01.003.5, the City may impose conditions of approval, including compliance with the Flag Lot standards, to insure that the development does not have a significant impact on the surrounding neighborhood. In addition, a minor variance to the Access Standard (50.06.003.1) is required for the legalized lot.

50.10.003.2, Flag Lot; 50.01.003.5, 50.08.002.2.j

50.08.002.2.k

Minor Variances

Continuation of Nonconforming Walls

10/20/2016

Per the legislative history, the variance is intended to allow notches in existing nonconforming buildings to be filled in. It also applies to enclosing carports and porches that are in a “notch.”

The yard setback cannot be reduced to less than 50% of the zone standard (not 50% of the existing non-conforming setback).

50.08.002..2.a.iii(2)

50.08.002.3

Lot Coverage and Floor Area

Substandard Encumbered Lots

6/9/2010

Given that (1) legal substandard lots are generally eligible for minor variances to increase lot coverage, and (2) 50.05.010.4.b allows setbacks to be reduced without a variance if the setback reduction better protects an RC or RP resource, a substandard lot that is encumbered by an RP or RC overlay cannot use 50.05.010.4.b or 50.05.010.6.d in conjunction with a minor variance to lot coverage to get a bigger house.

50.05.010.4.b, 50.05.010.6.d, 50.08.002.3

50.08.002.3

Flag Lot

Access Line Setback

7/12/2011

A reduction to this 5-foot separation requirement can be processed as a minor variance, per LOC 50.08.002.3, which allows "small changes from the Code requirements which will have little or no effect on adjacent property owners."

The Vose House at 791 4th Street is a designated City Landmark, and the historic "site" consists of 2 platted lots as described in the Cultural Resources Inventory. The house appears to be located entirely on the northern lot, but could be encroaching into the setbacks if the original lots were segregated. A Major Alteration is required to either (1) separate the southern lot from the northern lot, or (2) develop the southern lot in a manner that is compatible with the historic character of the Vose House. Note: this interpretation is site-specific.

Under the definition of "Detached," a breezeway connecting two structures does not make the structures "attached" for the purposes of compliance with development standards. The term "breezeway" is not defined. In order for two structures to be considered attached, the connector, the connector must be roofed and must have a solid wall on at least one side which does not allow breeze to pass through; the wall(s) could have functioning doors and windows.

50.10.003.2, Detached Structures, Breezeways

50.10.003.2, Flag Lot

Flag Lot

Legalization of a Parcel; Imposition of Flag Lot Standards

7/17/2009

Phantom Bluff Court was vacated decades ago while under County jurisdiction. As a result, most of the lots along Phantom Bluff Court became non-conforming because they did not meet the access standard, which requires that every lot abut a street for at least 25 feet. One such lot was illegally partitioned, and the owner now wants to legalize the second lot. Technically, the lot seeking legalization is not a Flag Lot because the parent parcel does not have street frontage (see definition of Flag Lot). However, under 50.01.003.5.c, the City may impose conditions of approval, including compliance with the Flag Lot standards, to insure that the development does not have a significant impact on the surrounding neighborhood. In addition, a minor variance to the Access Standard (50.06.003.1) is required for the legalized lot.

50.10.003.2, Flag Lot; 50.01.003.5.c, 50.08.002.2.j

50.10.003.2, Floor Area

Floor Area

Porches, Covered and Enclosed

5/7/2008

Covered porches that are enclosed on three sides with walls are counted as Floor Area regardless of whether there is a door or not. Temporary screening or netting is not considered a "wall."

50.10.003.2, Floor Area

50.10.003.2, Floor Area

Floor Area

Storage Areas and Floor Area

6/20/2007

Unfinished attics and storage spaces in garages and accessory structures do not count toward Floor Area.

50.10.003.2, Floor Area

50.10.003.2, Garage, Private

Floor Area

Carport, Garage

9/30/2010

A carport is a garage; it counts to Floor Area even though it does not have walls; and is also eligible for the Floor Area bonus.

50.10.003.2; Garage, Private

50.10.003.2, Gross Building Floor Area

Gross Building Floor Area

Decks and Patios

10/17/2016

Decks and Patios are not included with GBFA, even though they are expressly excluded under FA. CAO Opinion 10/17/16.

50.04.001.2.d.iii(2)

50.10.003.2, Group Care Home

Group Care

Group Care Homes

12/20/2006

Clarified that in a Group Home the number of dependent persons is limited to five individuals per home, not five per family member.

50.10.003.2, Group Care Home

50.10.003.2, Guesthouse

Non-Conforming

Converting Non-Conforming Garage to Living Space

11/7/2007

A homeowner can convert a detached garage that is non-conforming to setbacks into living space. However, living space cannot be used as a Guesthouse if it is larger than 400 sf because it would create a NEW non-conformity.

50.10.003.2, Guesthouse

50.10.003.2, Height of Building

Floor Area

Story and Increased Grade

1/20/2010

Floor area is a calculation intended to regulate the bulk of a dwelling, and the area of a basement is counted toward Floor Area based on several factors, including the amount of exposure of basement wall above the adjacent grade or height of the story immediately above basement as measured from adjacent grade [See "Story" definition, LOC 50.10.003.2]. The grade next to a partially exposed basement wall can be increased so that the basement is not counted toward Floor Area; however, the ultimate height of the dwelling is still measured from the existing grade.

50.10.003.2, Story; Height of Building

50.10.003.2, Height of Building

Height

Window Wells

6/4/2008

The "floor" of a window well, no matter the vertical depth, does not constitute finished grade (and thus building height is not measured from it) unless the width is more than 6 feet and/or the horizontal depth is more than 3 feet.

50.10.003.2, Height of Building

50.10.003.2, Lot Area

Lot Coverage

Flag Lots, Lot Coverage

8/16/2006

The flag pole area is not excluded from lot coverage calculation. However, for purposes of minimum lot size, the flag pole area or access easement is excluded.

If the fireplace/cooktop is over 30" and is permanent, it counts toward lot coverage.

50.10.003.2, Lot Coverage

50.10.003.2, Minor Public Facility

Setbacks

Utility Setbacks

1/23/2008

Utility boxes located on private property do not have setback requirements. However, utility boxes housed inside a structure (similar to an accessory structure) are minor public facilities which must meet primary structure setbacks.

50.10.003.2, Setback Line

Setbacks

Subterranean Garage (or Living Space)

4/4/2007

Applicant has a lot that slopes up from the street, and wants to add a third garage bay dug into the hillside. The front plane of the garage meets side yard setbacks, but a portion of the buried garage will extend into the side yard setback. Because a setback is measured from "the ground to the sky," the encroachment is permissible, provided the original grade is restored. To verify that original grade is restored, a post-construction survey may be required.

50.10.003.2, Story

Floor Area

Story and Increased Grade

1/20/2010

The grade next to a partially exposed basement wall can be increased so that the basement is not counted toward Floor Area; however, the ultimate height of the dwelling is still measured from the existing grade.

50.10.003.2, Story; Height of Building

50.10.003.2, Through Lot

Through Lot

Reduction of a "Front Yard"

8/15/2007; rev. 6/20/16 PD Siegel

Through 50.04.003.6, the City Manager can waive the depth requirements of the normal front yard on a Through Lot if the prevailing front yard pattern on adjoining lots warrants it; however, the yard is still considered a "front" yard.

LOC 50.11.006, Appendix F of the CI zone requires a 50-foot setback along the Highway 43 right of way (the only public street abutting the Marylhurst Campus). The Building Design standards require new buildings to be located within 30 feet of a public street [LOC 50.06.001.5.g.ii]. The specific standard (minimum 50-foot setback in the CI zone) trumps the general standard (maximum 30 feet for new buildings); no variance is necessary to the Building Design standards in order to construct a new building on campus that is more than 50 feet from the public street.

The definition of "removal" includes more than simply physically uprooting a tree from a site; topping, excessive trimming and damaging a tree are also considered removal. Thus, a tree can be "removed" multiple times over the years (e.g., annual topping or severe pruning), each requiring a permit (or fine if removed without a permit).

55.02.020, Removal

55.02.020, Removal

Trees

Trees, Overhanging Property Line

9/20/2006

A property owner owns land "from the ground to the sky." A property owner can trim tree branches that hang over his/her property line, but cannot do so if it constitutes a "removal," i.e., cannot remove more than 50% of the crown, trunk or root system and cannot damage the tree to the point that it declines and dies. Only the property owner can apply for a tree removal.

55.02.020, Removal

55.02.042(4)(a)

Trees

Hazard Tree Removal; Enforcement

1/7/2011

The City will not require the removal of a hazardous tree on private property unless the tree is threatening public interests such as the right-of-way or utilities.

55.02.042(4)(a)

55.02.082(1)(c)

Trees

Tree Removal Notice

12/4/2009

For Type 2 tree removals, the tree code requires the public notice sign to be posted "on the subject property in a location which is clearly visible and readable to vehicles traveling on a public street. . .". When there is a conflict between these two requirements, e.g., if subject site is a flag lot served by an access easement, the sign should be posted in the easement area so that it is clearly visible to passing vehicles.